The Lakewood Township Board of Education and Superintendent Laura Winters are facing legal action after a massive lawsuit was just filed revealing explosive allegations that a former employee was fired for refusing to "look the other way" and "fix the books" for vendors of nonpublic school services, FAA News has shockingly learned.
According to the complaint filed in New Jersey Superior Court in Ocean County by Shrewsbury Attorney Annemarie T. Greenan, Esq.:
Forked River resident Nicole Pasqua was employed by the Board of Education (BOE) as a Chapter 192/193 Data & Processing Assistant beginning on March 28, 2022.
Chapter 192/193 programs are State-funded programs which are provided to eligible students enrolled full-time in nonpublic elementary and secondary schools. Chapter 192 programs provide nonpublic school students with auxiliary services such as compensatory education, English language learning and home instruction. Chapter 193 programs provide nonpublic school students with remedial services such as evaluation and determination of eligibility for special education and with limited related services that include supplementary instruction and speech-language services.
Jane Gulics is the Procurement Specialist for Grants Office/Interim Grants Coordinator for the BOE and was Pasqua's direct supervisor.
The BOE contracted with Tender Touch Educational Services, Catapult Learning LLC, and Tree of Knowledge (collectively hereinafter the “Vendors”) to provide Chapter 192/193 services to nonpublic school students.
As a Chapter 192/193 Data & Processing Assistant, Pasqua was tasked with reviewing and approving the monthly invoices submitted by the Vendors for math and reading services. In reviewing the invoices, Pasqua would ensure that each student listed on the invoices was approved for services and did in fact receive the approved services that month.
On multiple occasions, Pasqua advised her supervisor, Gulics, that payment to the vendors for services to students could not be approved and those services needed to be removed from the invoices. For example, payment for services would need to be denied when there were two missed sessions in one month (aside from a student absence or scheduled school closure). Plaintiff had a reasonable belief that making payment for those services which were not performed was improper/not permitted under the applicable law.
Despite this and over Plaint's objections, on multiple occasions, Gulics approved invoices and allowed payment to the Vendors for non-billable services.
On November 8, 2023, Tender Touch Educational Services delivered their Kindergarten submissions late, well after the 1:00 pm deadline which they were well aware of. As a result, Pasqua advised Tender Touch that those students who were not timely submitted would not be billable until December 2023.
Pasqua had a reasonable belief that processing the late submissions was improper/not permitted under the law. Despite this and over Plaint's objections, Ms. Winters required Pasqua to process the late submissions.
Pasqua was pregnant and due to give birth on July 10, 2024. The BOE was aware of the pregnancy and that Pasqua was planning to take leave due to the imminent birth of her child pursuant to the New Jersey Family Leave Act.
However, by letter from Ms. Winters dated May 3, 2024, Pasqua was given notice that she would not be offered a contract for the 2024-2025 school year and that her employment would end on June 30, 2024.
Ms. Winters claimed that the termination was due to her performance; in that (1) she had difficulty with task management; (2) she had poor time management skills; (3) she lacked communication and professionalism; and (4) she had poor vendor relations.
Upon receipt of this false statement of reasons, Pasqua requested a Donaldson Hearing as to the allegations against her.
In response, the BOE then changed their statement of reasons for Pasqua's termination. The new explanation was that on May 23, 2024, Pasqua entered a dark room that was not currently in use to take a nap for an hour and thirty-seven minutes; and also that on numerous occasions, Pasqua left work early.
Glaring issue is... the original notice of the decision not to renew her contract was dated May 3, 2024 - some 20 days prior to the alleged incident. Moreover, Pasqua's supervisor had given her permission to work through her lunch period in order to leave work early to attend doctor’s appointments. Other BOE employees were also permitted to, and did in fact, leave work early on occasion and were not disciplined or terminated for doing so.
The BOE's alleged reasons for Pasqua's termination are false/pretextual and are pretexts for discrimination and retaliation.
On June 12, 2024, eighteen days before her employment end date of June 30, 2024, Pasqua was locked out of the BOE's computer system and approached by two security guards who advised that her employment was ending immediately. The security guards led Plaintiff off the premises.
Pasqua was not given any explanation for the early termination. She was simply led out of the building by the two security guards, like a criminal.
By letter dated June 24, 2024, Ms. Winters advised Pasqua that her Donaldson Hearing was scheduled for July 17, 2024.
That date was just one week after Pasqua's due date. The purposeful scheduling of the Donaldson hearing on this date was discriminatory and retaliatory.
She requested that the Donaldson hearing be held in September to allow her time to recover from childbirth.
The Board granted Plaintiff’s request, and the Donaldson hearing was held on September 25, 2024. The following day, Pasqua received notice that the Board decided to uphold the recommendation of Ms. Winters and not reinstate her contract for the 2024-2025 school year.
The lawsuit alleges six causes of action:
i) Violation of the New Jersey Law Against Discrimination: Pregnancy Discrimination
ii) Violation of the New Jersey Law Against Discrimination: Unlawful Retaliation
iii) Aiding and Abetting Liability - as against Winters and Gulics
iv) New Jersey Family Leave Act: Interference with Rights
v) NJFLA: Retaliation
vi) Violation of the Conscientious Employee Protection Act (“CEPA”): Unlawful Retaliation
The suit - which seeks trial by jury - demands judgment in:
(a) Full compensation for back pay, benefits and remuneration, with interest;
(b) Full compensation for front pay, benefits and other remuneration, with interest;
(c) Compensatory and consequential damages;
(d) Emotional Distress damages;
(e) Punitive damages;
(f) Prejudgment interest;
(g) Reasonable attorneys’ fees and costs, with appropriate enhancement pursuant to Rendine v. Pantzer, 141 N.J. 292 (1995); and
(h) Such other legal or equitable relief as the Court may deem just and proper.
The Board of Education, Ms. Winters, and Ms. Gulics have 35 days to answer the complaint.
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